NASHIK: The Nashik circuit bench of the Maharashtra state consumer disputes redressal commission has ordered a Pune-based developer and its partner to return the entire advance amount of Rs 18 lakh to a consumer who had booked a row house with them, but did not receive the sale deed.

Manish Thind (35), an army officer, had booked the house in Deolali Cantonment area for Rs 25 lakh in September 2011. On July 18, 2012, the Home Developers and its partner Milind Buddhisagar, also of Pune, exchanged a draft of ‘agreement to sale’ with Thind, which was to be executed before August 8, 2012. Thind paid Rs 18 lakh on December 22, 2012 with a promise to pay the balance Rs 7 lakh later as he was raising a loan from the ‘Army Group Insurance Fund (AGIF)’.

Thind alleged that the developers later changed their stance and refused to sign the agreement of sale in his favour unless he paid Rs 47.10 lakh.

Taken aback with the new demand, he tried to negotiate with the developers to lower the price but failed. Consequently, he sent a notice to the developer, seeking execution of the sale deed immediately. When the matter did not resolve, he filed a case with the consumer disputes redressal commission on September 16, 2013.

The developers pleaded not guilty before the commission and claimed that the price of the bungalow was never Rs 25 lakh, but was Rs 47.10 lakh. They claimed that the 2,191 sq ft bungalow was being sold at the rate of Rs 2,150 per sq ft.

“The complainant had expressed his desire to take a loan from AGIF for which the amount of total consideration has to be necessarily less than Rs 25 lakh. Hence, as per his request, that was shown in the draft. But when we realised that he was trying to take advantage, we placed a demand for clearing the balance amount for the value of the bungalow, which was Rs 47.10 lakh,” the developers said in their reply to the commission.

The commission, however, observed that while the complainant provided all evidences to support his claim, the developers did not present a communication or a document to prove that the consideration amount was Rs 47.10 lakh.

“It can be said that by showing a price greater than the agreed amount and avoiding execution of the sale deed, the developers failed at providing proper service and practised unfair trade,” the bench observed and ordered the developers to either take Rs 7 lakh from the complainant and execute the agreement of sale or return the Rs 18 lakh with 18% interest from December 2012, till date in 60 days, failing which 24% interest will be applicable on the entire unpaid amount till realisation of the same. In addition, Rs 25,000 will have to be paid as cost of the complaint.

The commission also ordered payment of an additional amount of Rs 1 lakh as compensation for mental harassment caused to the consumer. The commission circuit bench comprised SM Shembole and KB Gawali.

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